Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 6---Dismissal from service---Civil servant was dismissed from service after serving him show-cause notice and charge-sheeting him for misconduct but without holding inquiry against him---Charges on basis of which was a servant was dismissed from service involved factual controversies which required detailed scrutiny---Case of civil servant, thus should not have beer decided without recording evidence and holding regular inquiry ---Order dismissing civil servant from service was set aside and case was remanded Departmental Authorities with directions to initiate fresh discipline-y proceedings against him. 1985 SCMR 603; PLD 1985 SC 335; 1990 SCMR 1358; 1993 SCMR 603 and PLD 1994 SC 222 ref. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER): --The appellant was serving as U.D.C. (BPS-7) in the Income Tax Department when he was served with a show-cause notice on 21-9-1991 levelling against him following charges:- "SHOW CAUSE NOTICE Whereas you Mr. Masood Pervaiz Siddiqui, U.D.C. of the office of Circle-21, Companies Zone, Lahore and ex-office bearer of an illegal/defunct Income Tax Employees Association Class-III, Lahore, committed the following irregularities amounting to gross misconduct under the Government Servants (Efficiency and Discipline) Rules, 1973:-_ (1) You organized and held elections of an illegal Association despite clear written instructions of the Regional Commissioner of Income Tax, Central Region, Lahore vide his letter No.RCIT/2(29)511/Admn., dated 17-8-1991 besides repeated counselling by the RCIT and other senior officers. (2) You were instrumental in conducting election campaign for an illegal Association during the office hours and thereby disturbed smooth functioning of the office. (3) You pasted or got pasted posters on walls and thereby caused damage to the Income Tax office building. (4) You forced other employees to participate in election of illegal Association. (5) You conducted yourself in a manner unbecoming of a public servant and acted in unruly/rowdy manner, raising slogans in the Income Tax Building and forcing the officials out of the building thereby obstructing the…

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